Nashville, C. & St. L. Ry. Co. v. Skelton

This is an action to recover for the death of Oscar L. Payne, who was killed while operating a dinkey engine within the plant property of Tennessee Products Company in Chattanooga. His death occurred on September 8,1941, as the result of a collision between Payne’s engine and a locomotive of the defendant below, N. C. & St. L. Bailway Co., engaged in a switching operation upon a line owned by the Tennessee Products Company and located within its plant property.

The case was tried before the court and a jury and, at the conclusion of all the evidence, defendant moved the court for a directed…